BREAKING NEWS:2nd US Court of Appeals(NY): Executive Branch Can not hold US Citizen Padilla as Enemy Combatant

Spencer278

Diamond Member
Oct 11, 2002
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what seems really odd is that it says that congress has the power to hold US citizens as enemy combatants.
 

lozina

Lifer
Sep 10, 2001
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Originally posted by: alchemize
I expect we'll see an appeal.
Oh certainly, and it will probably be on the Supreme Court's desk in record time.

 

onelove

Golden Member
Dec 1, 2001
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Originally posted by: Red Dawn
Originally posted by: onelove
thank heaven for an independent judiciary.
What was the reason for him to be held as an enemy combatant?
cuz he tried to blow up a plane with a shoe bomb - if you are making the point that the judiciary is somehow responsible for his being classified/held as enemy combatant (in legal limbo), I think you're off the mark.

 

kandarp

Platinum Member
May 19, 2003
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Originally posted by: onelove
Originally posted by: Red Dawn
Originally posted by: onelove
thank heaven for an independent judiciary.
What was the reason for him to be held as an enemy combatant?
cuz he tried to blow up a plane with a shoe bomb - if you are making the point that the judiciary is somehow responsible for his being classified/held as enemy combatant (in legal limbo), I think you're off the mark.
its a dirty bomb plot not shoe bomb, that guy was richard reede (the british guy who tried to detonate the bomb on board a plane but was wrestled by passengers and plane staff)


<quote>
Padilla is accused of plotting to detonate a "dirty bomb," which uses conventional explosives to disperse radioactive materials. The former Chicago gang member was arrested in May 2002 and within days was moved to a naval brig in Charleston, S.C.

</quote>
 

tnitsuj

Diamond Member
May 22, 2003
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Originally posted by: onelove
Originally posted by: Red Dawn
Originally posted by: onelove
thank heaven for an independent judiciary.
What was the reason for him to be held as an enemy combatant?
cuz he tried to blow up a plane with a shoe bomb - if you are making the point that the judiciary is somehow responsible for his being classified/held as enemy combatant (in legal limbo), I think you're off the mark.
You have the wrong person. That was Richard Reid a UK citizen who got a civillain trial. Padilla was supposedly involved in a dirty bomb plot.
 

alchemize

Lifer
Mar 24, 2000
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If you read the affirmation, it apparently only applies to citizens caught on US soil. And it also sound like it can be corrected with a) legislation or b) authorization from congress (or c) overturn by the supreme coup)

So the issue of constitutionality of detaining US citizen enemy combatants is still not in question.

edit: anyone seen the dissent? I'd like to read that...
 

onelove

Golden Member
Dec 1, 2001
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Originally posted by: tnitsuj
Originally posted by: onelove
Originally posted by: Red Dawn
Originally posted by: onelove
thank heaven for an independent judiciary.
What was the reason for him to be held as an enemy combatant?
cuz he tried to blow up a plane with a shoe bomb - if you are making the point that the judiciary is somehow responsible for his being classified/held as enemy combatant (in legal limbo), I think you're off the mark.
You have the wrong person. That was Richard Reid a UK citizen who got a civillain trial. Padilla was supposedly involved in a dirty bomb plot.
sorry, that rings a bell now - you're right tnitsuj

 

JackStorm

Golden Member
Aug 26, 2003
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Good to see there are still some sane people in possition of power that value peoples rights. I've found it quite disturbing how the government has been detaining people indefinitely without trial. Glad to see there's still hope for the justice system.
 

jahawkin

Golden Member
Aug 24, 2000
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The 9th Circuit Court also ruled today that the "enemy combatants" in Guantanamo have legal rights: link
"Even in times of national emergency... it is the obligation of the judicial branch to ensure the preservation of our constitutional values and to prevent the executive branch from running roughshod over the rights of citizens and aliens alike," said the ruling by the Ninth Circuit Court of Appeals.

It added it could not accept the position that anyone under the jurisdiction and control of the US could be held without "recourse of any kind to any judicial forum, or even access to counsel, regardless of the length or manner of their confinement".
 

dmcowen674

No Lifer
Oct 13, 1999
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www.alienbabeltech.com
Originally posted by: JackStorm
Good to see there are still some sane people in possition of power that value peoples rights. I've found it quite disturbing how the government has been detaining people indefinitely without trial. Glad to see there's still hope for the justice system.
It's got a long way to go to get back to any sign of saneness.

Don't think it will happen though, we are heading towards Marshall Law.

 

tnitsuj

Diamond Member
May 22, 2003
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Originally posted by: dmcowen674
Originally posted by: JackStorm
Good to see there are still some sane people in possition of power that value peoples rights. I've found it quite disturbing how the government has been detaining people indefinitely without trial. Glad to see there's still hope for the justice system.
It's got a long way to go to get back to any sign of saneness.

Don't think it will happen though, we are heading towards Marshall Law.
and depression, and civil war..did I miss anything?
 

dmcowen674

No Lifer
Oct 13, 1999
54,894
46
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www.alienbabeltech.com
Originally posted by: tnitsuj
Originally posted by: dmcowen674
Originally posted by: JackStorm
Good to see there are still some sane people in possition of power that value peoples rights. I've found it quite disturbing how the government has been detaining people indefinitely without trial. Glad to see there's still hope for the justice system.
It's got a long way to go to get back to any sign of saneness.

Don't think it will happen though, we are heading towards Marshall Law.
and depression, and civil war..did I miss anything?
Good a sign you are somewhat paying attention.

 

Bowfinger

Lifer
Nov 17, 2002
15,776
392
126
Great news. There may be hope for our judicial system. Let's charge him, get him a good lawyer. and properly convict him in accordance with our cherished principle of due process and a fair trial. It's time we stopped acting like some Communist police state and started being America again.
 

wirelessenabled

Platinum Member
Feb 5, 2001
2,190
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About time the courts stepped up to the plate.

In my lexicon a country where the President determines who is guilty or not, and who is put in jail with no charges, no counsel, and no appeal, is called a dictatorship.

What do you Bush supporters call it?
 

Zebo

Elite Member
Jul 29, 2001
39,398
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Originally posted by: Bowfinger
Great news. There may be hope for our judicial system. Let's charge him, get him a good lawyer. and properly convict him in accordance with our cherished principle of due process and a fair trial. It's time we stopped acting like some Communist police state and started being America again.
As this case shown just how anti-american and anti-constitution Bush is what makes you think he'll comply as the consititutional law calls for? He controls all the enforcement arms of the federal governement.
To me this is just a ruling.
 

sandorski

No Lifer
Oct 10, 1999
69,425
4,810
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Originally posted by: Zebo
Originally posted by: Bowfinger
Great news. There may be hope for our judicial system. Let's charge him, get him a good lawyer. and properly convict him in accordance with our cherished principle of due process and a fair trial. It's time we stopped acting like some Communist police state and started being America again.
As this case shown just how anti-american and anti-constitution Bush is what makes you think he'll comply as the consititutional law calls for? He controls all the enforcement arms of the federal governement.
To me this is just a ruling.
Hopefully you are wrong.
 

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